Controversial case nearing end

Alleged impaired driver pleads guilty to charge from fatal accident

Two men linked through a vehicle crash in February 2006 spent their time in drastically different ways Tuesday.

For Dustin Lund, the driver accused of being impaired during the accident, Tuesday morning was spent pleading guilty in Routt County Court to the sole charge from the crash, careless driving causing death, a misdemeanor.

In contrast, Craig resident Jordan Bailey celebrated his 19th birthday Tuesday, a day in which he remembered his father, the late Michael Bailey who died in the collision with Lund.

The well-publicized story of the Lund-Bailey crash prompted Jordan Bailey and his aunt, Kathy Oberwitte of Craig, to begin a recall petition against 14th Judicial District Attorney Bonnie Roesink (see opinion page). While that plotline won't be resolved for months to come, the judicial aspect of the case ends next month.

Lund, who was allegedly under the influence of methamphetamine during the crash, is scheduled to be sentenced at 9:30 a.m. April 30 in Routt County. The maximum penalty allowed under the law is one year in county jail and a $1,000 fine, prosecutors said.

Bailey and Oberwitte said they plan to attend the sentencing hearing and ask the court for the maximum penalty allowed.

Even then, Oberwitte said, the punishment doesn't fit the crime.

"One year is 1/42 of my brother's life, of Jordan's dad's life," she said.

"All of us will have our opportunity to speak. We have that right. I'm sure once we're done, Dusty will have an idea of the impact he made on us and the life that he took."

She said a simple act would have helped blunt the family's trauma of losing their loved one.

"He at least owes us an apology," Oberwitte said.

Jordan Bailey said the family is putting together a DVD chronicling his father's life from infancy up to the year he died. They hope to play the DVD at the sentencing hearing.

"We just kind of want to show him what an impact this was," Jordan said.